Blue Mountains Local Environmental Plan 2005 (NSW)
This plan is Blue Mountains Local Environmental Plan 2005.
This plan applies to all land within the City, except land—
(a) to which Blue Mountains Local Environmental Plan No 4 applies, being land shown on the Map by distinctive colouring as “Area subject to LEP 4”, or
(b) to which Blue Mountains Local Environmental Plan 1991 applies, being land—
(i) shown on the Map by distinctive colouring as “Area subject to LEP 1991”, or
(ii) not shown on the Map.
Clause 3, for the purpose only of delineating the land to which this plan and those plans apply, also applies to the land to which those plans apply.
Land shown as “Deferred Matter” on the Map by a distinctive hatching is not subject to this plan (being land that is excluded from the application of this plan under section 68 (5) or 70 (4) of the Act).
This plan amends Blue Mountains Local Environmental Plan No 4 by replacing clause 3 with the following clause—
This plan applies to certain land within the City of Blue Mountains, being that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as “Area subject to LEP 4”.
This plan amends Blue Mountains Local Environmental Plan 1991 by replacing clause 2 with the following clause—
This plan applies to certain land within the City of Blue Mountains, being—
(a) that land shown on the Map, within the meaning of Blue Mountains Local Environmental Plan 2005, by distinctive colouring as “Area subject to LEP 1991”, or
(b) that land not shown on the Map within the meaning of Blue Mountains Local Environmental Plan 2005.
(Repealed)
For the purpose of enabling development to be carried out in accordance with this plan (as in force when the development is carried out) or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing a restriction as to the erection or use of buildings or as to the development of land for certain purposes, shall not apply to any such development.
Nothing in subclause (1) affects the rights or interests of the Council or any other public authority under any registered agreement.
Nothing in subclause (1) affects a covenant required by the consent authority to be imposed.
In accordance with section 28 (3) of the Act, before the making of this plan the Governor approved of subclauses (1), (2) and (3).
Blue Mountains City Council is the consent authority for the purposes of this plan, subject to the Act.
A term defined in the Dictionary at the end of this plan has the same meaning when used in this plan.
In this plan—
(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose, and
(b) a reference to a map is a reference to a map held within the offices of the Council, and
(c) a reference to the Council’s Better Living DCP is a reference to Part D (Standards for Development) of the Better Living—Development Control Plan approved by the Council on 8 March 2005.
Explanatory notes to this plan, diagrams and captions to diagrams, and the list of contents, are not part of this plan.
Local environmental plans (including Blue Mountains Local Environmental Plan No 4) as in force immediately before the commencement of this plan, apply to a development application that was made but had not been finally determined before that commencement as if this plan had been exhibited but had not been made.
If a development application has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.
The land to which this plan applies is shown on the Map, with each sheet of the Map illustrating a part of the land and divided into three panels as follows—
(a) “Map Panel A: Zones, Precincts and Provisions” shows the zone or zones, any precincts and any map-designated provisions applying to that part of the land, and
(b) “Map Panel B: Protected Areas” shows any protected area or areas applying to that part of the land, and
(c) “Map Panel C: Heritage Conservation and Special Use” shows land that is subject to the heritage conservation provisions of this plan and land that is subject to the special use provisions of this plan.
Land is within a zone specified in subclause (2) if it is shown on Map Panel A by distinctive colouring as being within that zone.
This plan uses the following zones—
(a) Village—Town Centre,
(b) Village—Neighbourhood Centre,
(c) Village—Tourist,
(d) Village—Housing,
(e) Living—General,
(f) Living—Conservation,
(g) Living—Bushland Conservation,
(h) Employment—General,
(i) Employment—Enterprise,
(j) Regional Transport Corridor,
(k) Recreation—Private,
(l) Recreation—Open Space,
(m) Environmental Protection—Private,
(n) Environmental Protection—Open Space.
Land is within a precinct if it is shown on Map Panel A by distinctive edging and annotation as being within that precinct.
Land is subject to the map-designated provision specified in subclause (5) if it is shown on Map Panel A by distinctive hatching, edging or annotation as being subject to that provision.
This plan uses the following map-designated provisions—
(a) Accessible Housing Area,
(b) Acquisition Requirement,
(c) Consolidation (CONS) Requirement,
(d) No Subdivision (NS),
(e) Proposed Road Closure.
Land is within a protected area specified in subclause (7) if it is shown on Map Panel B by distinctive colouring, hatching or edging as being within that protected area.
This plan uses the following protected areas—
(a) Slope Constraint Area,
(b) Vegetation Constraint Area,
(c) Ecological Buffer Area,
(d) Escarpment Area,
(e) Water Supply Catchment,
(f) Riverine Scenic Quality Corridor,
(g) Period Housing Area.
Map Panel C identifies land that is a heritage item, a heritage item of State significance or within a heritage conservation area by distinctive edging, hatching or colouring.
Land is subject to a special use designated in subclause (10) if it is shown on Map Panel C by distinctive colouring as being subject to that special use.
This plan uses the following special use designations—
(a) cemetery,
(b) defence,
(c) depot,
(d) educational establishment,
(e) emergency services,
(f) hospital or health centre,
(g) parking facility,
(h) public building or facility,
(i) waste management facility.
Before granting consent to the carrying out of any development on land to which this plan applies, the consent authority is to be satisfied that the development—
(a) is consistent with the aim of this plan and the principles and practices of ecologically sustainable development, and
(b) complies with the principal objectives of the plan that are relevant to the development, and
(c) complies with the locality management provisions within Part 2 that apply to the land, and
(d) complies with the assessment requirements and provisions within Part 3 that are relevant to the development, and
(e) complies with the development provisions within Part 4 that are relevant to the development.
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in the Environmental Protection—Private zone, Environmental Protection—Open Space zone or Living—Bushland Conservation zone if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
(Repealed)
This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) clause 90(9) (which relates to the area of a development space within the Living—Bushland Conservation zone),
(d) the provisions of Schedule 1 that relate to “site coverage” or “development density” and apply to development of land within the Village—Housing zone.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
The aim of this plan is to provide a comprehensive and explicit framework for the development of land within the City, as the “City within a World Heritage National Park”, in a manner that is consistent with and promotes the principles and practices of ecologically sustainable development.
In this plan,
This plan acknowledges the following principles and practices of ecologically sustainable development—
(a) Integration —the effective integration of environmental, social and economic considerations in decision-making.(b) Community involvement —recognition that sustainability cannot be achieved, nor significant progress made toward it, without the support and involvement of the community.(c) Precautionary behaviour —where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by—(i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and
(ii) an assessment of the risk weighted consequences of various options, with particular consideration given to cumulative impacts and ensuring that previous environmental damage is not compounded.
(d) Equity within and between generations —fairness and equal access to opportunities both in our lifetimes, as well as for future generations.(e) Continual improvement —the declining environmental situation means there is an imperative to take immediate action to ensure development becomes more sustainable and to make continual improvement in the management of that development.(f) Conservation of biological diversity and ecological integrity —the protection of biological diversity and the maintenance of essential ecological processes and life-support systems should be a fundamental consideration.(g) Improved valuation and pricing of environmental resources —environmental factors should be included in the valuation of assets and services.
The principal objectives of this plan are—
(a) To maintain the unique identity and values of the City as the “City within a World Heritage National Park”.
(b) To meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms that respond to the principles of ecologically sustainable development.
(c) To conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of the Blue Mountains.
(d) To identify and conserve the distinct Aboriginal and European cultural heritage of the built forms and landscapes of the Blue Mountains.
(e) To preserve and enhance watercourses, riparian habitats, wetlands and water quality within the Blue Mountains, the Hawkesbury-Nepean River catchment and Sydney’s drinking water catchments.
(f) To prescribe limits to urban development having regard to the potential impacts of development on the natural environment and the provision, capacity and management of infrastructure.
(g) To limit exposure to bush fire hazards and to ensure that development of bush fire prone land incorporates effective measures that protect human life, property and highly valued environmental and other assets from bush fire, without unacceptable environmental impacts.
(h) To identify and retain the diverse built and landscape elements that contribute to the character and image of the Blue Mountains.
(i) To promote the provision of accessible, diverse and affordable housing options to cater for the changing housing needs of the community.
(j) To ensure that the social needs of existing and future residents are met through the provision of appropriate community facilities, open space and services.
(k) To provide sustainable employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology, while protecting local amenity, character and environmental values.
(l) To ensure that the siting and design of new buildings, facilities and structures intended primarily for public use make reasonable provision for safe and comfortable access to those buildings for all people, including older people, people with a disability and those with limited mobility.
(m) To integrate development with transport systems and promote safe and sustainable access opportunities, including public transport initiatives, walking and cycling.
(n) To protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.
Consent shall not be granted to the carrying out of any development on land to which this plan applies unless—
(a) the development complies with the zone objectives within Division 2 (Zone objectives) that apply to the land and that are relevant to the development, and
(b) the development proposed to be carried out is permissible within the zone applying to the land in accordance with Division 3 (Permissibility of land use).
Consent shall not be granted to development on land that adjoins land in another zone unless the development proposed to be carried out does not compromise achieving the objectives of the adjoining zone and the consent authority is satisfied that sufficient consideration has been given to the measures proposed to reduce any adverse impacts of the development on land within that adjoining zone.
Consent shall not be granted to development within the—
(a) Village—Town Centre zone, or
(b) Village—Neighbourhood Centre zone, or
(c) Village—Tourist zone, or
(d) Village—Housing zone,
unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified for the relevant village within Schedule 1, and complies with those provisions.
Consent shall not be granted to development within the Living—General zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 1 of Schedule 2, and complies with those provisions.
Consent shall not be granted to development within the Living—Conservation zone or to development within roads shown uncoloured on the Map and adjoining the Living—Conservation zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 2 of Schedule 2, and complies with those provisions.
Consent shall not be granted to development within the Living—Bushland Conservation zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 3 of Schedule 2, and complies with those provisions.
Consent shall not be granted to development within the Employment—General zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 1 of Schedule 3, and complies with those provisions.
Consent shall not be granted to development within the Employment—Enterprise zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 2 of Schedule 3, and complies with those provisions.
Consent shall not be granted to development within the Recreation—Private zone unless the development proposed to be carried out has been assessed in accordance with—
(a) the relevant precinct provisions within Part 1 of Schedule 4, or
(b) Division 2 of Part 1 of Schedule 4, where the development proposed to be carried out is not within a specific precinct,
and complies with those provisions.
Consent shall not be granted to development within the Recreation—Open Space zone unless the development proposed to be carried out has been assessed in accordance with the provisions that apply to the land, as specified within Part 2 of Schedule 4, and complies with those provisions.
The objectives for the Village—Town Centre zone are as follows—
(a) To promote and consolidate the larger towns and villages within the Blue Mountains as the focus of retail, commercial, and community activity.
(b) To promote the unique character of each of the towns and villages of the Blue Mountains.
(c) To promote the economic viability of the towns and villages.
(d) To encourage a broad range of tourist activity in the towns and villages.
(e) To encourage a mix of residential land uses in association with business and community land uses.
(f) To focus large scale retailing and other higher order uses in appropriate locations within the district centres of Katoomba and Springwood.
(g) To promote high quality urban design of built forms.
The objectives for the Village—Neighbourhood Centre zone are as follows—
(a) To encourage a range of local convenience shopping facilities and associated commercial and community activities.
(b) To encourage a mix of residential land uses in association with a primarily commercial or retail land use.
(c) To direct future major commercial, retail and professional services to the village areas, thereby discouraging ribbon development along major arterial roads.
(d) To ensure that development contributes to the creation of a distinct village identity.
(e) To ensure that the non-residential uses are environmentally compatible with the residential uses and do not unreasonably affect the residential amenity within the zone as a result of factors such as operating hours, noise, loss of privacy, and pedestrian and vehicular traffic.
(f) To promote high quality urban design of built forms.
The objectives for the Village—Tourist zone are as follows—
(a) To allow opportunities for the development of a variety of tourist-orientated land uses and services within a predominantly residential area.
(b) To allow for the consolidation of tourism-related land uses in existing major tourism precincts in the Blue Mountains.
(c) To ensure that development contributes to a strengthening of the landscape character and visual setting along significant tourist routes.
(d) To retain and enhance the established traditional streetscape character and heritage values, including mature vegetation and gardens, that contribute to the attraction of the area for residents and visitors.
(e) To ensure that the building form and design of non-residential land uses do not unreasonably detract from the amenity of adjoining or adjacent residents or the existing quality of the environment by its scale, height, bulk or operation.
(f) To only permit development that does not place unacceptable demands on infrastructure and services.
The objectives for the Village—Housing zone are as follows—
(a) To provide diverse housing types in terms of size, access, tenure and levels of affordability.
(b) To consolidate residential opportunities in areas within close proximity to commercial centres and railway stations.
(c) To make area-specific provisions in relation to density, design, form, building materials and landscaping to retain the distinct character of the relevant village location and maintain appropriate transitions to adjoining land uses.
(d) To encourage the provision of housing options that are designed to be accessible for people with special needs or are easily adaptable for these needs in the future.
(e) To ensure that residential development has a scale and character at the streetscape that is consistent with adjoining residential land uses and minimises adverse impact on environmental quality and on the amenity of residents.
(f) To permit only development that does not place unacceptable demands on infrastructure and services.
The objectives for the Living—General zone are as follows—
(a) To allow for residential development primarily in the form of detached single dwelling houses in a variety of types, designs and tenures.
(b) To promote residential development in locations that are accessible to services and facilities, thereby encouraging use of transport modes other than private motor vehicles.
(c) To ensure that residential and non-residential development maintains and improves the character of residential areas, in a manner that minimises impacts on the existing amenity and environmental quality of those areas.
(d) To allow a range of non-residential land uses that are consistent with the predominant scale and height of adjoining buildings and do not unreasonably detract from the amenity of adjoining or adjacent residents.
(e) To ensure that development responds to the environmental characteristics of the site.
The objectives for the Living—Conservation zone are as follows—
(a) To retain and enhance the character of residential areas that are formed by larger allotments and single dwelling houses within a prominent traditional garden setting.
(b) To enhance the landscape character and setting along roads of heritage significance where the road forms a visually significant entrance to a village or a linkage/pathway between major visitor destinations.
(c) To ensure development, including development within adjoining road reserves, retains the prominence of landscape elements and traditional garden settings.
(d) To ensure that established gardens are retained or landscape settings are re-established as part of any development of land, including development involving major alterations and additions.
(e) To allow for a limited range of non-residential land uses where these are conducted in association with a predominantly residential land use and are consistent with the retention of a residential character based on a landscape or open space setting.
The objectives for the Living—Bushland Conservation zone are as follows—
(a) To allow for residential development in the form of single detached dwellings where this development is within the capacity of the environment to sustain such development and is undertaken in a manner that minimises impact on environmentally sensitive areas.
(b) To preserve and re-establish native bushland in areas that exhibit a predominantly bushland character, where consistent with the protection of assets from bush fire.
(c) To permit only low density residential land uses and to retain large allotment sizes in fringe urban locations or locations that do not have reasonable access to services and facilities.
(d) To allow a limited range of non-residential land uses only where these are conducted in association with a predominantly residential land use.
(e) To ensure that the form and siting of buildings, colours, landscaping and building materials are appropriate for and harmonise with the bushland character of the locality.
(f) To encourage the retention and re-establishment of native bushland along significant fauna corridors and in areas of high visual significance, including escarpment areas and along the Regional Transport Corridor.
The objectives for the Employment—General zone are as follows—
(a) To encourage the establishment of a broad range of industrial and associated land uses which will generate greater local employment opportunities.
(b) To allow a wide range of employment generating land uses and facilities including industry, advanced technology, wholesale sales, storage, distribution, servicing, research and ancillary administrative uses, where these incorporate measures to conserve the sensitive environment of the Blue Mountains.
(c) To ensure that industrial development incorporates measures to mitigate the impact of its operation on the environment from noise generation or pollution.
(d) To allow retail development where it is associated with a primarily industrial land use or for appropriate bulky goods retailing.
(e) To ensure that the form and siting of buildings, colours and landscaping elements contribute to development of a landscape setting for industrial land uses and retain any existing bushland character.
(f) To allow industrial and other compatible development which incorporates controls on potential impacts on the amenity of residents in adjoining residential areas.
The objectives for the Employment—Enterprise zone are as follows—
(a) To promote the development of mixed use residential and business areas with a high quality built environment and amenity.
(b) To provide greater opportunities for the location and growth of small businesses, particularly those related to information technology and cultural industries such as arts and design-based businesses and associated production.
(c) To permit minor retail uses where they are ancillary to the primary land use and do not detract from the growth of the town and village centres as primary retailing centres.
(d) To ensure that the design of new development is adaptable for both residential and business land uses.
(e) To ensure that development incorporates landscape elements that provide an appropriate landscape setting for business and residential land uses.
(f) To allow for the provision of recreational facilities.
The objectives for the Regional Transport Corridor zone are as follows—
(a) To clearly identify land for the provision of major transportation networks and facilities.
(b) To recognise corridors of existing railway and classified road lands and to identify future road and railway alignments.
(c) To ensure that development within the zone is integrated with the surrounding natural, physical or built environment.
(d) To ensure that all works contribute to the safe and effective operation of classified roads for pedestrians, cyclists, public transport users and motorists.
(e) To identify land that is required for widening of the corridor and to enable its acquisition by the relevant authority.
The objectives for the Recreation—Private zone are as follows—
(a) To encourage the development of land in a manner which satisfies the private recreational needs of the community.
(b) To allow development of land uses and activities that support and are compatible with private recreational land use.
(c) To ensure that recreational development is environmentally sensitive and site responsive and compatible with use of the land for sport, entertainment, education, tourism and accommodation of older people and people with a disability.
The objectives for the Recreation—Open Space zone are as follows—
(a) To enhance the quality of life of residents and visitors and improve the amenity of the villages in the Blue Mountains through the provision and management of open space.
(b) To identify and provide public land to be used for open space and public recreational purposes.
(c) To provide for a range of recreational settings to cater for the needs of local residents and visitors.
(d) To promote improved recreational facilities on publicly owned land.
(e) To improve the environmental quality of the area and ensure that recreational development is environmentally sensitive and site responsive.
(f) To identify privately owned land that should be acquired for recreational purposes.
(g) To ensure that the development of land is consistent with any plan of management applying to the land.
The objectives for the Environmental Protection—Private zone are as follows—
(a) To protect land that is environmentally sensitive or has high scenic value from development, where that land is privately owned or is not intended to be used as public open space.
(b) To encourage land restoration works on disturbed bushland areas.
(c) To allow bush fire hazard reduction that is in a form consistent with the protection of natural ecological values.
(d) To restrict development on part of land that is inappropriate by reason of physical characteristics or high bush fire hazard, but only where less restricted development is allowed by this plan elsewhere on the land due to its different zoning.
(e) To contribute to the maintenance of bio-diversity in the Blue Mountains.
(f) To allow for low impact nature-based recreational activities that are consistent with the protection of the land’s natural ecological significance.
The objectives for the Environmental Protection—Open Space zone are as follows—
(a) To ensure conservation and facilitate management of environmentally sensitive land and areas of high scenic value in the City.
(b) To provide a buffer around areas of natural ecological significance.
(c) To restrict development on land that is inappropriate by reason of the physical characteristics or the high bush fire hazard of the land.
(d) To allow bush fire hazard reduction that is in a form consistent with the protection of natural ecological values.
(e) To provide for nature-based recreational opportunities that are compatible with the land’s natural, cultural and aesthetic values and to foster an appreciation of those values.
(f) To encourage land restoration works on disturbed bushland areas.
(g) To ensure that the development of land is consistent with any plan of management applying to the land.
(h) To identify privately owned land that should be acquired for environmental protection and open space purposes.
Except as otherwise provided by this Division or Division 4 of Part 3 (Heritage conservation), development that—
(a) is allowed without development consent, or
(b) is allowed only with development consent, or
(c) is prohibited,
is specified in the land use matrix in subclause (6).
The following symbols are used in the land use matrix in subclause (6)—
• | development that is allowed within the relevant zone without development consent. |
C | development that is allowed within the relevant zone only with development consent. |
1 | development that is allowed within a precinct within the Recreation—Private zone only with development consent. |
2 | development that is allowed within the Katoomba Precinct VTC-KA02, Springwood Precinct VTC-SP01 and Winmalee Precinct VTC-WL01 in the Village—Town Centre zone only with development consent. |
3 | development that is allowed within the Katoomba Precinct VTC-KA01, Katoomba Precinct VTC-KA02 and Springwood Precinct VTC-SP01 in the Village—Town Centre zone only with development consent. |
4 | development that is allowed only with development consent, except where it is allowed without development consent by clause 36 (Bush fire hazard reduction). |
5 | development that is allowed within the relevant zone only with development consent, except where development is allowed without development consent by clause 126 (Special use). |
6 | development that is allowed within the relevant zone only with development consent, except on bush fire prone land where it is prohibited. |
7 | development that is allowed within the relevant zones only with development consent, except on land in Mount Victoria Precinct VNC–MV01—Village Neighbourhood Centre Precinct and Glenbrook Precinct VNC–GB01—Glenbrook Shops Precinct where it is prohibited. |
development that is prohibited. |
The subdivision of land is allowed within any zone with development consent.
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The clearing of vegetation is allowed within any zone only with development consent, except where otherwise allowed by clause 54 (Preservation of trees) or clause 54A (Bushland protection).
Subject to subclauses (3) and (4) and clause 33 (Exempt and complying development), all development not identified in the land use matrix is prohibited.
The following land use matrix applies for the purposes of this plan—
Zone— | Village | Living | Employment | RTC | Recreation | Environment Protection | ||||||||
Development for the purpose of— | TC | NC | T | H | G | C | BC | G | EN | PR | OS | PR | OS | |
accessible housing | C | C | C | C | 1 | |||||||||
advertising structures | C | C | C | C | C | C | C | C | C | C | C | |||
amusement centres | C | |||||||||||||
animal establishments | C | C | ||||||||||||
arts and crafts galleries | C | C | C | C | C | C | ||||||||
bed and breakfast establishments | C | C | C | C | C | C | C | |||||||
boarding houses | C | C | C | C | C | |||||||||
bulky goods showrooms | C | C | ||||||||||||
bush regeneration | • | • | • | • | • | • | • | • | • | • | • | • | • | • |
bush fire hazard reduction | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 |
camping sites | C | C | ||||||||||||
car repair stations | 7 | C | ||||||||||||
caravan parks | C | C | ||||||||||||
caretakers’ dwellings | C | C | C | C | ||||||||||
child care centres | C | C | C | C | C | C | C | C | C | C | ||||
clubs | C | C | C | C | C | |||||||||
cluster housing | C | |||||||||||||
commercial premises | C | C | C | |||||||||||
community buildings | C | C | C | C | C | C | C | C | C | |||||
community centres | C | C | C | C | ||||||||||
dams | C | C | C | |||||||||||
development ancillary to a dwelling house | C | C | C | C | C | C | C | C | C | C | ||||
display gardens | C | C | C | C | C | C | C | C | C | C | ||||
district supermarkets | 2 | |||||||||||||
domestic swimming pools | C | C | C | C | C | C | C | C | C | C | C | |||
drive-in take-away food outlets | 3 | |||||||||||||
dual occupancies | C | C | C | C | C | |||||||||
dwelling houses | C | C | C | C | C | C | C | C | C | |||||
educational establishments | C | C | C | C | C | C | C | C | ||||||
exhibition homes | C | C | C | C | C | C | C | |||||||
general stores | C | C | C | C | C | C | C | C | ||||||
granny flats | C | C | C | C | C | C | C | |||||||
hazardous industries or hazardous storage establishments | ||||||||||||||
health care practices | C | C | C | C | C | C | C | C | ||||||
holiday lets | C | C | C | C | C | C | C | |||||||
home businesses | • | • | • | • | • | • | • | • | • | • | • | |||
home employment | C | C | C | C | C | |||||||||
home occupations | • | • | • | • | • | • | • | • | • | • | • | • | • | • |
hospitals | C | C | C | C | ||||||||||
hotels | C | |||||||||||||
industries | C | |||||||||||||
institutions | ||||||||||||||
integrated housing | C | C | C | C | C | C | C | C | ||||||
land management works | • | • | • | • | • | • | • | • | • | • | • | • | • | • |
light industries | C | C | ||||||||||||
liquid fuel depots | 6 | |||||||||||||
medical centres | C | C | C | C | C | |||||||||
motor showrooms | C | |||||||||||||
multi-dwelling housing | C | C | C | |||||||||||
nature-based recreation | C | C | C | C | ||||||||||
offensive industries or offensive storage establishments | ||||||||||||||
panel beating workshops | C | |||||||||||||
parking | C | C | C | C | C | C | C | C | C | C | C | C | C | |
parking facilities | C | C | C | C | C | |||||||||
permaculture | • | • | • | • | • | • | C | |||||||
places of assembly | C | C | C | C | C | C | ||||||||
places of worship | C | C | C | C | C | C | C | C | C | |||||
public buildings | C | C | C | C | C | C | C | C | C | |||||
public transport terminals | C | C | C | |||||||||||
public utility undertakings | • | • | • | • | • | • | • | • | • | • | • | • | • | • |
recreation areas | C | C | C | C | C | C | C | |||||||
recreation facilities | C | C | C | C | C | C | ||||||||
refreshment rooms | C | C | C | C | C | C | ||||||||
remediation of contaminated land | C | C | C | C | C | C | C | C | C | C | C | C | C | C |
retail plant nurseries | C | C | C | C | ||||||||||
roads | C | C | C | C | C | C | C | C | C | C | C | C | C | C |
road transport terminals | C | |||||||||||||
self-storage units | C | |||||||||||||
service stations | 6 | 6 | ||||||||||||
sex establishments | C | |||||||||||||
shop-top housing | C | |||||||||||||
shops | C | C | ||||||||||||
special uses | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | |
take-away food outlets | C | C | ||||||||||||
telecommunications facilities | C | C | C | C | C | C | C | C | C | C | C | C | C | C |
tourist accommodation | C | C | C | |||||||||||
transport depots | C | |||||||||||||
utility installations | • | • | • | • | • | • | • | • | • | • | • | • | • | • |
veterinary establishments | C | C | C | C | ||||||||||
visitor facilities | C | C | C | C | C | C | C | C | C | C | C | |||
warehouses | C | |||||||||||||
waste processing facilities | C |
Abbreviations relating to zone names—
BC | Bushland Conservation |
C | Conservation |
EN | Enterprise |
G | General |
H | Housing |
NC | Neighbourhood Centre |
OS | Open Space |
PR | Private |
RTC | Regional Transport Corridor |
T | Tourist |
TC | Town Centre |
Notwithstanding clause 32 (Land use matrix), development of minimal environmental impact listed in Schedule 1 to Blue Mountains Development Control Plan No 33, as adopted by the Council on 24 August 1999, is exempt development, despite any other provision of this plan.
Notwithstanding clause 32 (Land use matrix) and subject to this clause, development listed in Schedule 2 to Blue Mountains Development Control Plan No 33, as adopted by the Council on 24 August 1999, is complying development if—
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Blue Mountains Development Control Plan No 33, as adopted by the Council on 24 August 1999.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Blue Mountains Development Control Plan No 33, as in force when the certificate is issued.
Notwithstanding clause 32 (Land use matrix) but subject to subclause (2), development that (in the absence of this clause) would be prohibited in a zone may be carried out with development consent within the maximum distance from the boundary between that zone and another zone, if it is allowed in the other zone either with or without development consent.
Consent shall not be granted to development pursuant to this clause unless the consent authority is satisfied that carrying out the proposed development will—
(a) have the effect of extending development that is being or will be lawfully carried out in the zone in which it is allowed in the absence of this clause, and
(b) comply with the objectives of the zone in which it will be carried out.
In this clause,
Notwithstanding clause 32 (Land use matrix) but subject to subclauses (2)–(4), consent may be granted to the temporary use of any land or building for any purpose (including but not limited to an exhibition, concert, fair, sporting event, fete or market) provided the consent authority is satisfied that—
(a) the use will cease within a specified time, and
(b) suitable arrangements have been or will be made for the removal of any waste, or any temporary structures erected or works carried out in connection with the temporary use, and for the restoration of the land after the cessation of the temporary use, and
(c) the temporary use is reasonable having regard to the nature of the temporary use and the economic use of the land pending its development otherwise in accordance with this plan, and
(d) the temporary use will not unreasonably adversely affect residential amenity, and
(e) the temporary use would not be likely to unreasonably affect the economic viability of any village centre in the locality, and
(f) the objectives of the zone in which the land is located will not be compromised over the long term by the temporary use.
Consent may be granted to the temporary use of any land or building for not more than 28 days, whether consecutive or non-consecutive, in any one year.
Consent may be granted for a temporary use under this clause over a period of not more than 3 consecutive years, allowing the temporary use for not more than 28 days in each of those years.
This clause does not apply where—
(a) the temporary use would be designated development, or
(b) the land proposed to be used for the temporary use is located in the Environmental Protection—Private zone or Environmental Protection—Open Space zone.
Any requirement within this plan for the preparation of assessments, studies or plans may be waived where the consent authority is satisfied that the preparation of these assessments, studies or plans is unreasonable or unjustified having regard to the nature of the temporary use.
Development consent is not required for the doing of—
(a) emergency bush fire hazard reduction work, or
(b) managed bush fire hazard reduction work, or
(c) work that complies with a bush fire hazard reduction certificate issued in accordance with the Rural Fires Act 1997, or
(d) bush fire hazard reduction work that complies with any requirement for the establishment or maintenance of an asset protection zone approved by the consent authority.
Notwithstanding clause 32 (Land use matrix), consent shall not be granted for—
(a) the subdivision of bush fire prone land for residential purposes, or
(b) the development of bush fire prone land for a special fire protection purpose,
unless a bush fire safety authority required by the Rural Fires Act 1997 has been issued by the Commissioner of the NSW Rural Fire Service.
Notwithstanding clause 32 (Land use matrix) but subject to subclause (2), a person may with consent carry out development on land identified in Schedule 8 that is specified in that Schedule for the land, subject to such conditions as are so specified.
Consent shall not be granted to development for those items numbered ALU01, ALU02 or ALU03 in Schedule 8, after the expiration of 1 year from the appointed day.
Nothing in subclause (2) shall prevent consent from being granted to the carrying out of alterations or extensions to, or the rebuilding of, a building or place being used for a purpose for which consent has been granted in accordance with this clause.
Notwithstanding clause 32 (Land use matrix), where a consolidation requirement is shown by the notation (CONS) for land shown edged by a heavy line on Map Panel A, development (other than an existing use or for the purpose of bush fire hazard reduction) is prohibited unless all adjoining lots with this notation, which are shown edged with a heavy line, have been consolidated into one lot.
Consent may be granted to a subdivision of land to which subclause (1) applies only if the proposed subdivision is—
(a) a boundary adjustment where no additional lots are created, or
(b) for the purpose of providing land for a public purpose.
Notwithstanding clause 32 (Land use matrix), where a no subdivision requirement is shown by the notation (NS) for land shown edged by a heavy line on Map Panel A, the subdivision of that land to create additional lots is prohibited.
Consent may be granted to a subdivision of land to which subclause (1) applies only if the proposed subdivision is—
(a) a boundary adjustment where no additional lots are created, or
(b) for the purpose of providing land for a public purpose, or
(c) a strata subdivision.
This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
The following development may be carried out, but only with development consent—
(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
Development to which subclause (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
In this clause—
The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a) the playing or performance of music, including the following—
(i) the genre of music played or performed, or
(ii) whether the music played or performed is live or amplified, or
(iii) whether the music played or performed is original music, or
(iv) the number of musicians or live entertainment acts playing or performing, or
(v) the type of instruments played,
(b) whether dancing occurs,
(c) the presence or use of a dance floor or another area ordinarily used for dancing,
(d) the direction in which a stage for players or performers faces,
(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.
The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
In this clause—
The objectives of this clause are as follows—
(a) to minimise the flood risk to life and property associated with the use of land,
(b) to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c) to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d) to enable the safe occupation and efficient evacuation of people in the event of a flood.
Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a) is compatible with the flood function and behaviour on the land, and
(b) will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c) will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d) incorporates appropriate measures to manage risk to life in the event of a flood, and
(e) will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a) the impact of the development on projected changes to flood behaviour as a result of climate change,
(b) the intended design and scale of buildings resulting from the development,
(c) whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d) the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
In this clause—
Canal estate development is prohibited on land to which this Plan applies.
In this clause—
The objectives of the site analysis provisions within this Part are—
(a) to require the impact of development on the natural and built environment to be taken into account as part of the site planning process, and
(b) to establish a sound basis for design or management responses to be incorporated into development proposals to minimise that impact.
The consent authority may decline to grant consent to development, excluding development comprised of minor additions, unless it has considered a site analysis plan, which should be included as part of the statement of environmental effects.
The site analysis plan must—
(a) include such information specified in clause 43 (Contents of site analysis plan) as is relevant, in the opinion of the consent authority, to enable the full consideration of the environmental impacts of the proposed development, and
(b) be accompanied by a written statement explaining how the design and location of the proposed development has had regard to the objectives in clause 41 and to the site analysis.
The components of a site analysis plan may be supplemented by further assessments and plans, as specified elsewhere in this Part.
Assessments and plans required by clauses within this Part should include all details necessary to show that the development complies with the relevant objectives and provisions within this Part. Where a number of clauses apply and require a site analysis plan, detailed environmental assessments and other environmental studies, these requirements may be met by a single consolidated environmental study. This is to remove the need for repetition where multiple environmental constraints would otherwise result in a number of environmental studies being required.
A site analysis plan is to include or be accompanied by supporting information, where appropriate, about the site and its surrounds in accordance with the following Table—
TABLE
Contents of site analysis plan | |
(1) | With respect to
|
(2) | With respect to
|
(3) | With respect to
|
(4) | With respect to
|
(5) | With respect to
|
(6) | With respect to
|
(7) | With respect to |
(8) | With respect to
|
(9) | With respect to
|
Consent shall not be granted to development proposed on any land adjacent to the Blue Mountains National Park, unless the consent authority—
(a) has considered the impact of the proposed development on the aesthetic, historical, natural, scenic and scientific attributes of the land within the National Park, and
(b) has considered any comments from the Department of Environment and Conservation in relation to the effect of the proposed development, and
(c) is satisfied that the development incorporates effective measures to avoid, remedy or mitigate any adverse environmental impact on land within the National Park.
Consent shall not be granted to the subdivision of land to create additional lots unless the development will incorporate effective measures, satisfactory to the consent authority, to ensure that the development, and any asset protection zones required to protect the land to be subdivided, will have no adverse environmental impact on any development excluded land.
Where a lot is created by the subdivision of land within the Living—Bushland Conservation zone in accordance with this plan, consent shall not be granted to any development (excluding a work for the purpose of providing public utility services) proposed to take place wholly or partly on development excluded land, unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development, including any required asset protection zones, will have no adverse impact on the development excluded land concerned.
All buildings and works, and any asset protection zone, not subject to subclauses (2) or (3) should be designed and sited so as to have no adverse environmental impact on any of the following—
(a) any significant vegetation community,
(b) the habitat of any threatened species, populations or ecological communities,
(c) any rare species of flora,
(d) any fauna corridor,
(e) the hydrological aspect of the locality,
(f) any watercourse or wetland,
(g) any significant natural features, including rock outcrops, rock ledges and cliffs.
Where an adverse environmental impact cannot be avoided for development to which subclause (4) applies, consent shall not be granted unless the consent authority is satisfied that the development—
(a) has been designed and sited so as to have the minimum possible adverse impact on the environmental attributes identified in subclause (4) (a)–(g), and
(b) incorporates effective measures to remedy or mitigate any adverse environmental impact, and
(c) offsets those environmental impacts through the restoration of any existing disturbed areas on the site.
In determining whether an adverse environmental impact cannot be avoided in accordance with subclause (5), the consent authority shall—
(a) have regard to the purposes for which the land is intended to be used with reference to the zone objectives applying to the land, and
(b) be satisfied that no practicable alternative is available in terms of the design, type and site coverage of the proposed development (including any measures required to protect life and property from the threat of bush fire) and the suitability of the physical characteristics of the land for the proposed development.
The provision of asset protection zones as referred to in subclauses (2), (3) and (4) shall balance the conservation of the natural environment with the protection of life and property from bush fire by being designed, sited or maintained so as to—
(a) not exceed the level of clearing and reduction of vegetation prescribed in the bush fire code, unless otherwise prescribed by the provisions of this plan, and
(b) minimise environmental disturbance by using the method of bush fire hazard reduction that is suited to the characteristics of the site, in accordance with the Council’s Better Living DCP, and
(c) not be located on any land that has contiguous areas of slope greater than 33 per cent, unless no other viable alternative is available, and
(d) retain, where practicable, any existing mature smooth-barked trees which contain faunal habitat hollows, and
(e) incorporate the planting of species that have bush fire resistant properties and are compatible with locally indigenous vegetation.
Consent shall not be granted to development on any land within a Protected Area—Slope Constraint Area that has contiguous areas of slope greater than 20 per cent (
The objectives for a Protected Area—Slope Constraint Area are—
(a) to restrict development of land that has contiguous areas of slope greater than 20 per cent or physical characteristics that render the land inappropriate for development, and
(b) to ensure that development on land that has contiguous areas of slope greater than 20 per cent is designed and sited to minimise vegetation clearing and soil disturbance, and
(c) to encourage the retention, restoration and maintenance of disturbed native vegetation on steep land.
Development, including the erection of buildings, carrying out of alterations to buildings, clearing of native vegetation, and the carrying out of works that disturb the soil or alter the natural drainage pattern, on land to which this clause applies, is to—
(a) retain and maintain all existing native vegetation outside the area immediately required for the development, and
(b) incorporate measures to regenerate native vegetation on all land with slopes greater than 20 per cent that has already been cleared and does not form part of the site of existing development or the proposed development, and
(c) not adversely impact on the rate, volume or quality of water leaving the site, and
(d) be undertaken only where an assessment, which may include the preparation of a geotechnical report, demonstrates that the soil characteristics and structural elements of the protected land are suitable for the proposed development, and
(e) be sited outside protected land unless no other practicable alternative is available.
When considering whether development could be sited outside protected land in accordance with subclause (3) (e), the consent authority shall consider—
(a) the design, type and site coverage of the proposed development, and
(b) the physical characteristics of the area on which the development is proposed to be carried out, and
(c) the suitability of the land for the proposed development.
Consent shall not be granted to development on any land within a Protected Area—Vegetation Constraint Area (
The objectives for a Protected Area—Vegetation Constraint Area are—
(a) to identify and require assessment of vegetation that is likely to be a significant vegetation community, and
(b) to protect significant vegetation communities and vegetation that is faunal habitat or part of a wildlife corridor, and
(c) to ensure development is designed, sited and managed to avoid or mitigate any adverse environmental impact on any significant vegetation community and the ecological buffer required to protect that significant vegetation community, and
(d) to encourage the restoration and maintenance of native vegetation, including vegetation that does not form part of a significant vegetation community.
Development on any land within a Protected Area—Vegetation Constraint Area is to—
(a) incorporate effective measures to comply with clause 44 (Environmental impact) as it relates to the protection of a significant vegetation community, and
(b) provide an adequate ecological buffer to protect any significant vegetation community, and
(c) retain and maintain all existing native vegetation outside the area immediately required for the development, and
(d) incorporate measures to regenerate any disturbed native vegetation within the protected land, and
(e) in the case of protected land on which any significant vegetation community is located, be sited outside protected land unless no other practicable alternative is available.
When considering whether development could be sited outside protected land in accordance with subclause (3) (e), the consent authority shall consider—
(a) the design, type and site cover of the proposed development, and
(b) the physical characteristics of the land on which the development is proposed to be carried out, and
(c) the suitability of the land for the proposed development.
Consent shall not be granted to development on any land within a Protected Area—Ecological Buffer Area (
The objectives for a Protected Area—Ecological Buffer Area are—
(a) to protect water quality and aquatic ecosystems in the Blue Mountains, and
(b) to protect watercourse corridors and significant vegetation communities, and
(c) to restrict development so that it does not occur, as far as practicable, within ecological buffers to watercourse corridors or significant vegetation communities, and
(d) to ensure development is designed, sited and managed to minimise impact on the ecological and hydrological functions of the buffer, and
(e) to encourage the restoration and maintenance of native vegetation and the ecological processes of land within and adjacent to watercourse corridors or significant vegetation communities.
Development on any land within a Protected Area—Ecological Buffer Area is to—
(a) incorporate effective measures to manage any riparian vegetation within a watercourse corridor and any significant vegetation community, and
(b) be designed and sited to maintain connectivity of vegetation and minimise vegetation clearing, soil disturbance and alterations to the rate, volume or quality of surface and ground-water flows, and
(c) retain and maintain all existing native vegetation outside the area immediately required for the development, and
(d) incorporate measures to regenerate native vegetation for all disturbed areas within the protected land, and
(e) incorporate appropriate stormwater and erosion control measures to protect the protected land from surface water run-off or other disturbance, and
(f) be sited outside protected land unless no other practicable alternative is available.
When considering whether development could be sited outside protected land in accordance with subclause (3) (f), the consent authority shall consider—
(a) the design, type and site cover of the proposed development, and
(b) the physical characteristics of the land on which the development is proposed to be carried out, and
(c) the suitability of the land for the proposed development.
Consent shall not be granted to development which the Council has been required by an environmental planning instrument to refer to the Regulatory Authority (within the meaning of the Water NSW Act 2014) on any land within a Protected Area—Water Supply Catchment (
The objectives for a Protected Area—Water Supply Catchment are—
(a) to protect and, where possible, improve water quality within that part of the Blue Mountains and the Hawkesbury-Nepean River catchment that is within Sydney’s drinking water catchments, and
(b) to restrict development that will adversely impact on the natural systems that are essential for maintaining and improving water quality, and
(c) to restrict development in areas that cannot be connected to reticulated sewerage, and
(d) to ensure development is designed and sited to minimise the impact of vegetation clearing and soil disturbance, which could detrimentally alter the quality or quantity of the natural surface or sub-surface water movement, and
(e) to encourage the restoration and maintenance of areas of disturbed native vegetation.
Development on any land within a Protected Area—Water Supply Catchment is to—
(a) have a neutral or beneficial effect on the water quality of rivers, streams and groundwater in the hydrological catchments, including during periods of wet weather, and
(b) incorporate water quality management practices that are sustainable over the long term.
The consent authority shall not consent to any development on protected land that requires the disposal of wastewater unless—
(a) it is to be connected to a reticulated sewerage system, or
(b) where a reticulated sewerage system is not available, and in the case only of a dwelling house to be erected on a lot that existed on the appointed day, the dwelling house is to be served by a wastewater pump out system.
Consent shall not be granted to development on any land within a Protected Area—Escarpment Area (
The objectives for a Protected Area—Escarpment Area are—
(a) to preserve and enhance the visual, cultural and ecological values of the escarpment systems within the City of Blue Mountains, and
(b) to restrict development, including buildings, alterations and vegetation clearing, so as to minimise adverse impact on the perception of escarpments as significant natural features, and
(c) to limit the proportion of hard surfaces in close proximity to escarpment systems, and
(d) to ensure that the design and siting of development minimises environmental impact, and
(e) to encourage the retention, restoration and maintenance of areas of disturbed native vegetation.
Development, including the clearing of native vegetation, on any land within a Protected Area—Escarpment Area is to—
(a) not adversely impact on the ecological or scenic values of the escarpment system, and
(b) retain and maintain all existing native vegetation outside the area immediately required for the development, and
(c) incorporate measures to regenerate native vegetation within the escarpment system in those areas which are already cleared and do not form part of the site of any existing development or the proposed development, and
(d) be designed and sited to respond sympathetically to the landform in which it is proposed to be situated, and
(e) not protrude above the existing vegetation canopy of the immediate locality, and
(f) not protrude above the height of adjacent buildings, and
(g) not visually disrupt the skyline by protruding above the ridgeline within or behind the site or above adjacent buildings, and
(h) incorporate unobtrusive and non-reflective materials and exterior surfaces with colours that help blend structures into the natural environment, and
(i) incorporate measures to minimise reflection of sunlight from glazed surfaces.
Consent shall not be granted to development on any land within a Protected Area—Riverine Scenic Quality Corridor (
The objectives for a Protected Area—Riverine Scenic Quality Corridor are—
(a) to preserve and enhance the visual, cultural and ecological values of the protected land, and
(b) to restrict development, including buildings, alterations and vegetation clearing, so as to minimise the impact on the perception of the protected land as an area of scenic significance beyond the region or of regional riverine scenic significance, and
(c) to ensure that the design and siting of development is consistent with the landscape character as described in the Scenic Quality Study, and
(d) to encourage the restoration and maintenance of areas of disturbed native vegetation.
Development, including the clearing of native vegetation, on any land within a Protected Area—Riverine Scenic Quality Corridor is to—
(a) retain and maintain all existing native vegetation outside the area immediately required for the development, and
(b) incorporate measures to regenerate native vegetation within those areas which are already cleared and do not form part of the site of any existing development or the proposed development, and
(c) have appropriate siting, building form, orientation and scale that does not compromise the visual integrity of the escarpment to the west of the Nepean River, in terms of its regional prominence and the undisturbed nature of its appearance by—
(i) protruding above the existing vegetation canopy of the immediate locality or the height of adjacent buildings, or
(ii) visually disrupting the skyline by protruding above the ridgeline within or behind the site or above adjacent buildings, and
(d) incorporate unobtrusive and non-reflective materials and exterior surfaces with colours that help blend structures into the natural environment, and
(e) incorporate measures to minimise reflection of sunlight from glazed surfaces.
Development within a Protected Area—Riverine Scenic Quality Corridor which is shown on Map Panel B as having “Significance Beyond the Region” is to ensure that the landscape character of the development is consistent with “Landscape Unit No 2.1.2 Fairlight Gorge-Norton’s Basin to Mt Portal” of the Scenic Quality Study.
Development within a Protected Area—Riverine Scenic Quality Corridor which is shown on Map Panel B as having “Regional Significance” is to ensure that the landscape character of the development is consistent with “Landscape Unit No 3.2.3 Penrith Weir to Yarramundi Weir” of the Scenic Quality Study.
Land that is within a watercourse corridor, as defined by this plan, is taken to be within a Protected Area—Ecological Buffer Area.
Consent shall not be granted to development of land that is within a watercourse corridor unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the Protected Area—Ecological Buffer Area objectives and the other provisions within clause 47.
Where land is within a watercourse corridor and is not shown as within a Protected Area—Ecological Buffer Area on Map Panel B, a detailed environmental assessment prepared in accordance with subclause (2) is to recommend a buffer width, including details of—
(a) the basis for the buffer width and the influence of the slope of land on the width of the buffer, and
(b) the ability of the buffer to adequately protect the watercourse, and
(c) the qualifications and experience of the person who recommended the buffer width.
Where development may have an impact on a significant vegetation community or rare species of flora, either by the alteration of growth conditions or removal of that vegetation, consent shall not be granted to the development unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with relevant requirements of clause 44 (Environmental impact).
The detailed environmental assessment shall include a full description of the proposed development, including the nature, extent, location, timing and layout and, to the fullest extent reasonably practicable, the following information—
(a) a full assessment of the likely effect of the development on the condition, extent and long term viability of the significant vegetation community or rare species of flora, and
(b) an assessment showing the impact of the development on any habitat or wildlife corridor, and
(c) a description of the way the development will respond to the significant vegetation community or rare species of flora, and
(d) a description of any feasible alternatives to the development that are likely to be of lesser effect and the reasons justifying the carrying out of the development in the manner proposed, having regard to biophysical, economic and social considerations and the principles of ecologically sustainable development, and
(e) a full description and justification of the measures proposed to mitigate any adverse effect of the development on the species and populations or ecological communities, including a compilation (in a single section of the statement) of those measures.
Before granting consent to development that would involve the removal of vegetation, the consent authority must have regard to the following priorities—
(a) retaining vegetation, in relation to location, species type or physical characteristics, that does not pose a threat to life or property in the event of bush fire,
(b) limiting impacts on threatened, endangered, vulnerable or a locally significant plant species,
(c) retaining vegetation within watercourses,
(d) retaining vegetation that stabilises soils or that absorbs run-off from accumulation points on site,
(e) retaining vegetation that contributes to wildlife corridors or is habitat for native fauna,
(f) retaining vegetation that contributes to the streetscape character of the locality.
Consent shall not be granted to development of any land unless the consent authority has considered the need to re-vegetate disturbed areas on the land.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) a doctor, and
(b) a dentist, and
(c) a podiatrist registered under the Podiatrists Act 1989 or the Podiatrists Act 2003, and
(d) a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors Act 2001 or the Osteopaths Act 2001, and
(e) a physiotherapist registered under the Physiotherapists Act 2001, and
(f) an optometrist registered under the Optometrists Act 2002, and
(g) a complementary medicine practitioner who is a member of a professional association listed in Schedule 1 to the Therapeutic Goods Regulations 1990 of the Commonwealth.
(a) a building, work, archaeological site, tree or place specified in an inventory of heritage items that is available at the office of the Council and the site of which is described in Part 1 of Schedule 6 and shown on Map Panel C, or
(b) a place specified in an inventory of heritage items available at the office of the Council and described in the inventory as an Aboriginal place or object.
(a) is conducted by the permanent residents of the dwelling, and
(b) has no more than 2 non-residents working within the dwelling or building at any one time, and
(c) occupies or is conducted from a space that does not exceed 50 square metres, and
(d) does not involve the parking of more than 1 business-related motor vehicle on or in the street fronting the site, excluding the owners’ or employees’ personal motor vehicles, and
(e) either does not involve the provision of on-site parking for business-related motor vehicles or involves the provision of parking located to the rear of the dwelling or screened from view from the public street, and
(f) does not involve the display or retailing of goods from the site, and
(g) is within the capacity of existing service mains to cater for the proposed use, and
(h) generates vehicular trips that are not greater than 30 trips on average in a 24 hour period (15 return journeys) and does not involve more than 1 visit per day from a delivery vehicle weighing more than 2.5 tonnes, and
(i) will not generate traffic on a street that does not have available carrying capacity for the traffic, and
(j) does not emit odours, fumes or other airborne emissions that can be detected beyond the property boundary and that may cause nuisance to surrounding residents who have reasonable expectations about their environment, and
(k) does not adversely affect the amenity of the locality by way of noise that is greater than 5 dB(A) over the ambient noise level at the property boundary, and
(l) does not interfere with the amenity of the locality by means of vibrations, smoke, vapour, steam, soot, ash, dust, waste products, grit or oil, or otherwise, and
(m) does not involve the use of premises for prostitution.
(a) is associated with a residential land use, and
(b) occupies or is conducted from no more than 50 per cent of the gross floor area of the dwelling, and
(c) involves no more than 5 non-residents working within the building at any one time, and
(d) does not cause the emission of odours, fumes or other airborne emissions that can be detected beyond the property boundary that cause nuisance to surrounding residents who have reasonable expectations about their environment, and
(e) does not adversely affect the amenity of the locality by way of noise emissions that are greater than 5 dB(A) over the ambient noise level at the property boundary, and
(f) does not interfere with the amenity of the locality by means of vibrations, smoke, vapour, steam, soot, ash, dust, waste products, grit or oil, or otherwise, and
(g) does not involve the use of the premises for prostitution.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of traffic, the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, waste products, grit or oil, or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident), or
(e) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for related or ancillary educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
(a) a subdivision of land into two or more lots, and
(b) the erection of a detached dwelling house on each lot (other than on any neighbourhood or common property lot), and
(c) the creation of lots consisting of private open space, or neighbourhood or common property,
with all elements of the development, that require consent, being consented to simultaneously.
See also
(a) indigenous trees,
(b) indigenous understorey plants,
(c) groundcover with indigenous species within an area of land,
(d) indigenous plants occurring in a wetland.
For the purposes of this definition,
(a) body building,
(b) panel beating which may or may not involve dismantling,
(c) spray painting.
See also
(a) that is specified in an inventory of heritage items available at the office of the Council and described in the inventory as a potential Aboriginal place, or
(b) that, in the opinion of the consent authority, has the potential to be an Aboriginal place, even if it is not so specified.
(a) that is specified in Part 1 of Schedule 6, described in that Schedule as a potential archaeological site and shown on Map Panel C, or
(b) that, in the opinion of the consent authority, has the potential to be an archaeological site, even if it is not so specified.
(a) a public road, or
(b) land to which the Crown Land Management Act 2016 applies, or
(c), (d) (Repealed)
(e) a regional park under the National Parks and Wildlife Act 1974.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services, and a reference to a person carrying on a public utility undertaking is taken to include a reference to the Council or to a county council, Government department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) an area used for sporting activities or sporting facilities, or
(c) an area used by the Council to provide for the physical, cultural or intellectual welfare of the community, or
(d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreation facilities for those purposes,
but does not include a showground, racecourse or other place elsewhere defined in this Dictionary.
(a) removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or
(b) eliminating or reducing any hazard arising from contaminated land (including by preventing the entry of persons or animals onto the land).
(a) the making of any structural changes to the outside of the building or work, or
(b) the making of non-structural changes to the fabric or to the appearance of the outside of the building or work, including changes that involve the repair, plastering, or other decoration of the outside of the building or work.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hospital or psychiatric facility.
(a) the sale by retail and the installation of spare parts and accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) the hiring of trailers,
(d) repairing and servicing of motor vehicles (other than body building, panel beating or spray painting),
(e) the retail selling or hiring of small consumer goods.
(a) accessible housing,
(b) bed and breakfast establishments,
(c) child care centres,
(d) group homes within the meaning of the Standard Instrument (Local Environmental Plans) Order 2006,
(e) hospitals,
(f) hotels,
(g) schools,
(h) tourist accommodation.
(a) cemetery,
(b) defence,
(c) depot,
(d) educational establishment,
(e) emergency services,
(f) hospital or health centre,
(g) parking facility,
(h) public building or facility,
(i) waste management facility.
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
• Blue Mountains Local Environmental Plan 2005 (Amendment No 1)—Sheets 1A, 1B and 2–4
• Blue Mountains Local Environmental Plan 2005 (Amendment 2—Katoomba Cultural Precinct)—Sheet 1
• Blue Mountains Local Environmental Plan 2005 (Amendment No 5)
• Blue Mountains Local Environmental Plan 2005 (Amendment No 9—Katoomba Civic Centre and Pioneer Place)
• Blue Mountains Local Environmental Plan 2005 (Amendment No 13)—Panel A of Sheets 1, 2 and 3
• Blue Mountains Local Environmental Plan 2005 (Amendment No 16)
• Blue Mountains Local Environmental Plan 2005 (Amendment No 18)
• Blue Mountains Local Environmental Plan 2005 (Amendment No 21)
• Blue Mountains Local Environmental Plan 2005 (Amendment No 24)
• Blue Mountains Local Environmental Plan 2005 (Amendment No 26)—Sheets 1–4
• Blue Mountains Local Environmental Plan 2005 (Amendment No 27)
(a) a defined bed or banks, or
(b) endemic riparian vegetation within or adjacent to the watercourse edge or banks which may provide habitat for aquatic or terrestrial animals, or
(c) evidence of natural stream processes such as siltation, erosion, gullying, pool or riffle zones,
and which conveys continuous or intermittent water flows, but does not include piped drainage lines.
Blue Mountains Local Environmental Plan 2005 (633). GG No 122 of 7.10.2005, p 8250. Date of commencement, on gazettal. This plan has been amended as follows—
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 2.5, assent, sec 2 (2). | |
(241) | Blue Mountains Local Environmental Plan 2005 (Amendment 2—Katoomba Cultural Precinct). GG No 63 of 12.5.2006, p 3031. Date of commencement, on gazettal. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
(457) | Blue Mountains Local Environmental Plan 2005 (Amendment No 8). GG No 116 of 7.9.2007, p 6968. Date of commencement, on gazettal. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 3, assent, sec 2 (2). | |
(641) | State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003. Date of commencement, 1.1.2008, cl 3. | |
(49) | Blue Mountains Local Environmental Plan 2005 (Amendment No 5). GG No 26 of 29.2.2008, p 1278. Date of commencement, on gazettal. | |
(442) | Blue Mountains Local Environmental Plan 2005 (Amendment No 9—Katoomba Civic Centre and Pioneer Place). GG No 128 of 3.10.2008, p 9683. Date of commencement, on gazettal. | |
(571) | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3. | |
(189) | Blue Mountains Local Environmental Plan 2005 (Amendment No 13). LW 22.5.2009. Date of commencement, on publication on LW. | |
(256) | Blue Mountains Local Environmental Plan 2005 (Amendment No 3). LW 18.6.2010. Date of commencement, on publication on LW, cl 2. | |
(314) | Blue Mountains Local Environmental Plan 2005 (Amendment No 1). LW 30.6.2010. Date of commencement, on publication on LW, cl 2. | |
(624) | Blue Mountains Local Environmental Plan 2005 (Amendment No 16). LW 5.11.2010. Date of commencement, on publication on LW, cl 2. | |
(705) | Blue Mountains Local Environmental Plan 2005 (Amendment No 15). LW 17.12.2010. Date of commencement, on publication on LW, cl 2. | |
(98) | Blue Mountains Local Environmental Plan 2005 (Amendment No 18). LW 25.2.2011. Date of commencement, on publication on LW, cl 2. | |
(199) | Blue Mountains Local Environmental Plan 2005 (Amendment No 17). LW 21.4.2011. Date of commencement, on publication on LW, cl 2. | |
(330) | Blue Mountains Local Environmental Plan 2005 (Amendment No 21). LW 1.7.2011. Date of commencement, on publication on LW, cl 2. | |
(433) | Blue Mountains Local Environmental Plan 2005 (Amendment No 24). LW 19.8.2011. Date of commencement, on publication on LW, cl 2. | |
(204) | Blue Mountains Local Environmental Plan 2005 (Amendment No 23). LW 25.5.2012. Date of commencement, on publication on LW, cl 2. | |
(99) | Blue Mountains Local Environmental Plan 2005 (Amendment No 25). LW 8.3.2013. Date of commencement, on publication on LW, cl 2. | |
(100) | Blue Mountains Local Environmental Plan 2005 (Amendment No 26). LW 8.3.2013. Date of commencement, on publication on LW, cl 2. | |
(709) | Blue Mountains Local Environmental Plan 2005 (Amendment No 27). LW 20.12.2013. Date of commencement, on publication on LW, cl 2. | |
No 74 | Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 2.3, 15.1.2020, cl 2(1). | |
(659) | State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2. | |
(69) | State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020. LW 28.2.2020. Date of commencement, 1.3.2020, cl 2. | |
(667) | State Environmental Planning Policy Amendment (Concurrence and Referrals) 2020. LW 13.11.2020. Date of commencement, on publication on LW, cl 2. | |
(724) | State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(83) | State Environmental Planning Policy Amendment (National Construction Code) 2023. LW 24.2.2023. Date of commencement, 1.5.2023, sec 2. | |
(524) | State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. |
Cl 3 | Am 2007 (641), Sch 5.4 [1]; 2019 (659), Sch 1.4[1]. |
Cl 6 | Am 2020 (69), Sch 1.2[1]. |
Cl 9A | Ins 2019 (659), Sch 1.4[2]. Am 2023 (524), Sch 1.1[1]. |
Cl 9B | Ins 2023 (524), Sch 1.1[3]. Am 2023 (609), Sch 2.3[1]. |
Cl 12 | Am 2020 (724), Sch 1.2. |
Cl 32 | Am 2009 (189), Sch 1 [1] [2]; 2019 (659), Sch 2.4[1] [2]. |
Cl 40A | Ins 2019 (659), Sch 2.4[3]. |
Cl 40B | Ins 2020 (724), Sch 3. |
Cl 40C | Ins 2022 (629), Sch 2[2]. Am 2023 (609), Sch 2.3[2] [3]. |
Cl 40D | Ins 2022 (629), Sch 2[4]. |
Cl 48 | Am 2014 No 74, Sch 3.1 [1]; 2021 (716), Sch 1.4[1]. |
Cl 54A | Am 2005 No 98, Sch 2.5. |
Cl 71 | Am 2008 (571), Sch 3.17 [1]. |
Cl 72 | Rep 2021 (716), Sch 1.4[2]. |
Cl 73 | Rep 2008 (571), Sch 3.17 [2]. |
Cl 74 | Am 2008 (571), Sch 3.17 [3] [4]. |
Cl 75 | Am 2008 (571), Sch 3.17 [5]. |
Cl 78 | Am 2007 No 82, Sch 3.3 [1]. |
Cll 81, 82 | Am 2007 No 82, Sch 3.3 [1]. Subst 2020 (69), Sch 1.2[2]. |
Cl 83 | Am 2007 No 82, Sch 3.3 [1]; 2008 (571), Sch 3.17 [6] [7]. Subst 2020 (69), Sch 1.2[2]. |
Cl 84 | Subst 2020 (69), Sch 1.2[2]. |
Cl 85 | Am 2020 (69), Sch 1.2[3]–[5]. |
Cl 86 | Am 2007 No 82, Sch 3.3 [1]. |
Cl 89 | Am 2022 (72), Sch 1.10. |
Cl 94 | Am 2014 No 74, Sch 3.1 [2]; 2020 (667), Sch 1.2. |
Cl 99 | Am 2008 (571), Sch 3.17 [8]. |
Cl 107 | Am 2019 (621), Sch 2.3[1]. |
Cl 117 | Am 2007 No 82, Sch 3.3 [1]; 2020 (667), Sch 1.2. |
Cl 122 | Am 2008 (571), Sch 3.17 [9] [10]. |
Cl 123 | Am 2008 (571), Sch 3.17 [11]. |
Cl 124 | Am 2008 (571), Sch 3.17 [12]. |
Cl 129 | Am 2006 (241), Sch 1 [1]. |
Cl 132 | Am 2008 (571), Sch 3.17 [13] [14]. |
Cl 133 | Am 2021 (716), Sch 1.4[3]. |
Sch 1 | Am 2006 (241), Sch 1 [2]; 2008 (442), Sch 1 [1]; 2009 (189), Sch 1 [3] [4]; 2010 (624), Sch 1 [1]; 2011 (199), Sch 1. |
Sch 4 | Am 2008 (49), Sch 1 [1]. |
Sch 6 | Am 2006 (241), Sch 1 [3]; 2008 (49), Sch 1 [2]; 2010 (314), Sch 1 [1]–[10]; 2013 (100), Sch 1 [1]. |
Sch 7 | Am 2006 (241), Sch 1 [4]; 2006 No 120, Sch 2.8; 2007 (457), Sch 1; 2008 (442), Sch 1 [2]; 2009 (189), Sch 1 [5]; 2010 (705), Sch 1; 2012 (204), Sch 1 [1] [2]; 2013 (99), cl 4. |
Sch 8 | Am 2006 (241), Sch 1 [5]; 2010 (256), cl 4; 2013 (100), Sch 1 [2]. |
Dictionary | Am 2006 (241), Sch 1 [6] [7]; 2007 No 82, Sch 3.3 [1] [2]; 2007 (641), Sch 5.4 [2]; 2008 (49), Sch 1 [3]; 2008 (442), Sch 1 [3]; 2009 (189), Sch 1 [6]; 2010 (314), Sch 1 [11] [12]; 2010 (624), Sch 1 [2]; 2011 (98), cl 4; 2011 (330), cl 4; 2011 (433), cl 4; 2013 (100), Sch 1 [3]; 2013 (709), cl 4; 2019 (621), Sch 2.3[2] [3]; 2020 (69), Sch 1.2[6]; 2023 (83), Sch 1.2. |
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